Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Path: utzoo!mnetor!uunet!seismo!rutgers!labrea!decwrl!pyramid!prls!mips!dce
From: dce@mips.UUCP (David Elliott)
Newsgroups: comp.sources.d
Subject: Re: COPYRIGHT NOTICES
Message-ID: <612@quacky.UUCP>
Date: Thu, 20-Aug-87 11:15:33 EDT
Article-I.D.: quacky.612
Posted: Thu Aug 20 11:15:33 1987
Date-Received: Sat, 22-Aug-87 12:08:46 EDT
References: <6236@brl-smoke.ARPA> <229@rocksvax.UUCP> <579@quacky.UUCP> <283@rocksvax.UUCP> <998@bsu-cs.UUCP>
Reply-To: dce@quacky.UUCP (David Elliott)
Organization: MIPS Computer Systems, Sunnyvale, CA
Lines: 48

In article <998@bsu-cs.UUCP> dhesi@bsu-cs.UUCP (Rahul Dhesi) writes:
>You are selling a package containing hardware and software.  Now ask
>this question:  Do you supply this particular copyrighted software free
>of charge if somebody chooses *not* to buy the package?  In other
>words, is buying the package the only way somebody can get this
>software from you?  If you answer yes, then you're selling the
>software.

It isn't that simple, actually. We haven't gone out and packaged the
copyrighted software and placed it in our catalog with the word "FREE"
next to it, but we haven't stated "we will not supply this software
free to anyone that asks".

As an example, we honor the GNUemacs agreement by stating that we are
willing to give anyone a copy of the GNUemacs that we have in our
possession if it doesn't cost us anything to do so. This is because
the documentation that comes with it says we have to.

Also, you qualify the "get this software" with the words "from you".
Why does it have to be "from me"? If the software is free to the
public, this "somebody" can get the software from the same place I
did.

>If you disagree with my reasoning, well, I have this automobile that
>I'm giving away.  (Oh, yeah...you are also required to buy a spare fan
>belt for $10,000.)

Actually, I agree with your reasoning more than this example. There
are two different views. In one view, you are giving away a car,
but requiring that I buy a fan belt. In the other view, you are selling
a fan belt and giving away a car with it.

On the other hand, I never stated that we would be giving away the
software, so I'm not misrepresenting anything. In fact, I see adding
software I get off the net to a product as providing a service to
customers at no additional cost.

I didn't say: I have some software that I'm giving away -- Oh yeah...
you are also required to buy the tape to put it on for $10,000.
I said: I have this software product, and for no additional charge
I have added this stuff that was on the net.

I think that the important concept is intent. If I hit someone with
my car, it can be considered as anything from an unfortunate accident
to first degree murder. It all depends on what I intended to do.

-- 
David Elliott		{decvax,ucbvax,ihnp4}!decwrl!mips!dce